The court found that the automatic stay applies to protect a bankruptcy trustee from a levy by a party attempting to obtain property from the estate. Also discusses the elements necessary for a temporary restraining order to issue
After taking evidence at trial, the court granted the Chapter 13 debtor's motion for a hardship discharge under § 1328(b) of debt other than student loans and child support obligations.
"910 claims" are subject to the same claims allowance procedures as other Chapter 13 claims. Plan language regarding the surrender of the vehicle in full satisfaction of the debt does not relieve the debtor from objecting to a filed deficiency claim.
A creditor holds a constructive trust on funds in debtor's account that are traceable to converted checks, so the trustee cannot compel turnover. The bank holding the funds has no subrogation right to them because the bank was liable for conversion.
Discussing nondischargeability of credit card debt under 11 U.S.C. section 523(a)(2)(A). Plaintiff was unable to show that debtor had no intent to repay the debt, so the debt was discharged
Affirmed in part at 496 F.3d 892 (8th Cir. 2007). Two partners in the debtor breached their fiduciary duties to the debtor's estate by purchasing some of its property at a foreclosure sale. The court imposed a constructive trust on the net proceeds.
An unexpired oral lease became property of the lessee's bankruptcy estate and, because it wasn't assumed, was deemed rejected even though the lessee continued to perform. In addition, the lessor gave proper notice of termination under Nebraska law.
An unscheduled debt is not discharged when the creditor does not have timely notice or actual knowledge of the bankruptcy. Debtor can't reopen the case to add this debt to his schedules after assets have been distributed & the case has been administered.
Under Nebraska law, a lender's lien was not extinguished when its deed of trust was inadvertently released during refinancing, because the bank did not intend to leave itself unsecured and because the trustee was not injured by the mistake.
